Friday

Dec 1, 2017 at 5:08 PMDec 1, 2017 at 5:46 PM

The assemblywoman's attorney, Edward Kolgi, sought to have the results of toxicology testing on a sample of Rodriguez-Gregg's blood suppressed, arguing that officers obtained the sample without a warrant and without her written consent. Kolgi had also asked for the charges to be dismissed based on a lack of probable cause.

MOUNT HOLLY — New Jersey Assemblywoman Maria Rodriguez-Gregg may have to stand trial for driving under the influence and obstruction after Burlington County’s presiding municipal court judge denied a motion seeking to have evidence against her suppressed and the case dismissed.

Rodriguez-Gregg, a Republican from Medford who has represented the 8th Legislative District since 2014, has been battling the charges since her April 28 arrest after her vehicle was rear-ended by another vehicle on Route 73 in Mount Laurel.

She has denied that she was intoxicated when the accident occurred or that she obstructed the police investigation. But she opted to drop her re-election campaign, several months after news of her arrest became public.

Rodriguez-Gregg's attorney, Edward Kolgi, sought to have the results of toxicology tests on a blood sample suppressed, arguing that officers obtained the sample without a warrant and without her written consent. Kolgi had also asked for the charges to be dismissed based on a lack of probable cause.

Judge Dennis McInerney, the presiding municipal court judge for the county, denied Kolgi's motion Thursday, writing that there was sufficient probable cause for the assemblywoman to stand trial.

“The record is clear and sufficient, credible evidence exists for the state to believe that the defendant drove her vehicle in Mount Laurel after consuming alcohol,” McInerney wrote in his decision. “The finding of probable cause is based on her driving conduct, the odor of alcohol emanating from her breath, her refusal to perform (field sobriety) testing, her refusal to submit to a breath test, and her general demeanor.”

McInerney also refused to dismiss the blood test results, even though the sample was taken without Rodriguez-Gregg's consent, as required by the Burlington County Prosecutor’s Office.

Kolgi argued that the blood was not given voluntarily because Rodriguez-Gregg failed to sign a consent form.

But McInerney wrote that the “totality of the circumstances” indicated she consented to the test. The judge cited the fact that she agreed to give blood after consulting with her attorney, and that a female officer from another police department was called to the hospital to accompany her into a bathroom before blood was taken. He also indicated that Rodriguez-Gregg had signed two consent forms from the hospital, with one accompanying the blood sampling kit, before she interrupted an officer when he read the Prosecutor’s Office's form aloud. She then refused to sign that form.

“There is no evidence that the defendant was coerced or physically forced to submit to the test. There is no evidence that the defendant or her attorney told the officer that she would not provide a sample without a warrant,” McInerney wrote.

Reached Friday, Kolgi said that he was in “total disagreement” with the judge’s opinion and that he would likely appeal the decision after consulting with his client.

“There’s no doubt the evidence should be suppressed,” he said.

Kolgi intends to review the matter with Rodriguez-Gregg before deciding whether to seek an immediate appeal or go to trial first.

No trial date has been scheduled. The judge’s decision indicated that he would reach out to Kolgi and the Mount Laurel prosecutor to discuss dates.

Kolgi said Friday that the blood test results are at the center of the case. He said they indicate “minimal” presence of alcohol and no presence of marijuana or other drugs.

Rodriguez-Gregg was driving south on Route 73 at 3 a.m. on April 28 when the accident occurred at the intersection of Fellowship Road, according to court papers.

She initially came under police scrutiny because an officer believed he smelled marijuana in her vehicle. A subsequent search produced no drugs or other contraband, according to court papers.

Rodriguez-Gregg twice was asked if she had anything to drink, but she did not respond. She also refused a field sobriety test and later refused to give a breath sample, according to court papers.

Video footage from police body cameras showed Rodriguez-Gregg was uncooperative at the scene, repeatedly referred to her position as a state legislator, and accused the police of harassing her.

“You’re dealing with a sitting assemblywoman,” she can be heard saying on the the video. “Everybody is going to know about this (expletive).”

McInerney's decision also noted Rodriguez-Gregg’s speech, demeanor and actions as indicative of “a person under the influence.” His ruling said a police report admitted into the court record indicated that her speech was “slurred, boisterous and rambling; that her eyes were watery with droopy lids; that her demeanor was excited, fighting and antagonistic; and that her actions were resisting and threatening.”

Kolgi said that officers failed to follow “proper protocols” and that the assemblywoman’s rights were violated.

Rodriguez-Gregg was replaced on the November ballot by Burlington County Republican Freeholder Ryan Peters, who managed to eke out a narrow victory against Democrats Joanne Schwartz and Mary Ann Merlino for the open Assembly seat.

Rodriguez-Gregg is expected to finish out her term through January, when Peters will take office.

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